Committee on Rights of Child examines Report of Togo on the Sale of children, child prostitution and child pornography

Committee on the Rights of the Child
24 January 2012

The Committee on the Rights of the Child today reviewed the report of Togo on how that country is implementing the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Pilar Nores, the Committee Expert acting as Rapporteur for the report of Togo under the Optional Protocol, said Togo had taken many positive initiatives to improve the lives of children, but their focus was quite scattered. There was a need for an efficient coordination mechanism with sufficient authority and human and financial resources to assess and follow all activities related to the implementation of both the Convention on the Rights of the Child and the Optional Protocol on the sale of children, child prostitution and child pornography. While prostitution was punishable by law there appeared to be broad impunity which led people to refer to the ‘open market’ of prostitution in Lomé.

Other Experts asked the delegation questions about sentencing for perpetrators of child pornography and child prostitution, about street children and AIDS orphans and about harmful traditional practices that happened in Togo, namely female genital mutilation, early forced marriage, polygamy, feminine repudiation and discrimination and violations against twins and children with disabilities.

In concluding remarks, Ms. Nores said legislation on trafficking and the sale of children needed to be improved, while the State required greater competency to judge crimes committed outside its territory. The study on street children was important, and the State party should focus on dissemination of the Protocol as a preventative measure.

Hatem Kotrane, the Committee Expert acting as Rapporteur for the report of Togo under the Convention, which was reviewed on 23 January, commended the significant legislative and institutional progress made in Togo since their last report to the Committee in 2005, in the face of economic, political and financial difficulties. However one recommendation would certainly be on domestic legislation, a primary area for promoting children’s rights. Greater efforts were needed in coordination, especially the National Committee of Children’s Rights, data collection, resources allocated to children and birth registration, while a comprehensive global plan of action was required. Corporal punishment must be prohibited in law and eradicated within families, while discrimination towards girls must cease. Harmful traditional practices including polygamy, early marriage and female genital mutilation must be stopped.

In concluding remarks, Yacoubou Koumadjo Hamadou, Minister of Arts and Culture of Togo, said he hoped his delegation’s answers had shown the desire of the Government to promote and protect human rights in Togo, and asked the Committee to rest assured that the Togolese Government would carefully heed all recommendations and comments, which would be passed on to the relevant people and carefully followed up.

The delegation of Togo included representatives of the Ministries of Arts and Culture, Social Action and National Solidarity, Justice, Security and Civil Protection, Education, Protection of Women, Human Rights, Health, and Finance and of the Permanent Mission of Togo to the United Nations Office at Geneva.

The next public meeting of the Committee will take place at 3 p.m. on 24 January when the Committee will starts its review of the combined third and fourth periodic report of Thailand (CRC/C/THA/3-4).

Report

Togo’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography can be read here (CRC/C/OPSC/TGO/1).

Questions from the Experts

PILAR NORES, Committee Expert acting as Rapporteur for the report of Togo under the Optional Protocol, said Togo had taken many positive initiatives to improve the lives of children, but their focus was quite scattered. There was a need for an efficient coordination mechanism with sufficient authority and human and financial resources to assess and follow all activities related to the implementation of both the Convention on the Rights of the Child and the Optional Protocol on the sale of children, child prostitution and child pornography. The Childhood Code of Togo had been put together in good faith, but did not fulfil the spirit of the Convention on the Rights of the Child.

Prostitution occurred openly throughout the country, especially in the hotels and brothels of the capital city Lomé, where tourism was increasing, Ms. Nores said. While prostitution was punishable by law there appeared to be broad impunity which led people to refer to the ‘open market’ of prostitution in Lomé. Had any brothel been sanctioned for having underage girls working as prostitutes, and did the Government close down places where prostitution took place? What care was provided to child victims of prostitution?

Sentencing for child pornography was very limited, an Expert said. Were there plans to increase sentences to better protect children from child pornography and ensure that child pornography networks took measures to not use children in that deplorable trade?

What legal measures existed to protect children who were AIDS orphans, asylum seekers or whose mothers were in prison? Many of those children ended up living on the streets without any education or access to their other rights.

Harmful traditional practices still went on in Togo, namely female genital mutilation, early forced marriage, polygamy, feminine repudiation and discrimination against twins and children with disabilities. What concrete measures, plans and strategies were in place to change those attitudes, in partnership with civil society?

There was legislation on trafficking of children, but a criminal definition still needed to be drafted. The Committee was concerned about existing legislation covering adoption, as sometimes adoption could be a cover for trafficking, and adoption within Togo was expensive for Togolese couples. Furthermore, 50 per cent of children had no national identity card, making those children easy prey to sexual exploitation. Did the Government intend to give everyone under 18 birth registration forms?

The State party did not appear to have jurisdiction over crimes committed outside of the territory of the State party when the victim or perpetrator either had Togolese nationality or residence, which was something the Optional Protocol insisted on.

Response from the Delegation

Togo was a poor country and could only give what it had, the delegation said. An Expert had referred to leisure and play time in yesterday’s meeting. If a child in Togo was offered bread or a football, they would probably choose the bread, because they were too hungry to play football. That did not mean that children did not have leisure time. The Government was aware of the challenges, and appealed to anyone who listened for help in meeting its objectives under the Convention. The Government wanted to help its children have leisure time, but it had to be in step with its means.

Child victims of offences criminalised under the Childhood Code were protected from the time a complaint was first reported to the police, who had received training from social workers on working with child victims. One of the first steps taken was that the alleged offender would be compelled, by a judge, to take an HIV/AIDS test to find out if the child victim could be at risk of infection. A court order provided specialist care for the child, and if necessary removed her from her family. Free legal aid would be available to the child. The process was discreet, safe and confidential, and the child was protected throughout, with their identity hidden. The case would initially be heard in camera or in private, in front of the parents. When appropriate, and with his or her consent, the child may speak at the hearing, from behind a screen or could have their statement pre-recorded. The police, social workers and judicial staff worked together carefully to ensure court proceedings did not traumatise the child, for example by repeating in the child’s hearing statements about the violation which could make the child a victim twice.

Following the verdict the judge must consider whether specific protection was needed for the child and her family, if they were at risk of reprisals from associates of the offender. Usually the perpetrator would also be made to pay compensation, but if that person did not have financial means then the State would provide compensation.

A civil marriage could not take place without both parties presenting a birth certificate.

A delegate confirmed that non-governmental organizations did not have to pay tax, a licence or a fee to operate in Togo, they were free to work there with the support of the Government and there was no charge.

If violations were committed abroad by a Togolese citizen there was a question over whose responsibility that was. The Criminal Code covered all Togolese nationals within the territory, on vessels or aeroplanes. If part of the violation was committed in Togo then a judge would have competency. Extradition was allowed for by law but the Optional Protocol was not sufficient in itself to facilitate it.

The Government certainly did close any place used for prostitution or procuring sex, and punished those responsible with a prison term, a fine or both. Judges could issue orders to close brothels. Recently a European Union citizen was prosecuted, sentenced and imprisoned for procuring sex from a brothel. This showed that any person could be punished. It was not just Africans who were using sex tourism, prostitutes and brothels in Togo.

Abortion was banned in Togo, but in cases of sexual aggression the State did authorize abortion at the victim’s request.

In partnership with foreign Consulates, Togo did everything to find out all it could about potential international adoptive parents, before the adoption took place. If any doubts were raised the adoption would not go ahead. If the Government could lower adoption costs to keep children within Togo they would do so; Togo needed its children, they were the future, and the Government would do everything in its power to keep its children on Togolese territory.

Measures to improve the lives of street children included a panel discussion and national survey which showed that Togolese children wanted to live in a family, and needed schooling or vocational training. Foster families willing to take in street children had been found and assessed; they were supported by the Government and development partners. Most street children were either orphans or victims of harmful traditional practices, for instance they had been accused of being sorcerers or witches, and thrown out onto the street. All street children were entitled to an education. It was difficult to have precise numbers of street children as they changed every day, but a quantative study was being considered. In 2005 UNAIDS estimated that there were 66,000 AIDS orphans in Togo of which 39,000 were cared for.

Despite awareness-raising on harmful traditional practices, especially to protect twins from stigmatization and discrimination, those practices, which also included female genital mutilation and children being accused of being witches or sorcerers and cast out, sadly continued.

Concluding Remarks

HATEM KOTRANE, Committee Expert acting as Rapporteur for the report of Togo under the Convention on the Rights of the Child, expressed satisfaction with the fruitful and constructive dialogue and the open engagement demonstrated by the high-level, multi-sectoral delegation. Mr. Kotrane commended the significant legislative and institutional progress made in Togo since their last report to the Committee in 2005, in the face of economic, political and financial difficulties. However one recommendation would certainly be on domestic legislation, a primary area for promoting children’s rights. Greater efforts were needed in coordination, especially the National Committee of Children’s Rights, data collection, resources allocated to children and birth registration, while a comprehensive global plan of action was required. Corporal punishment must be prohibited in law and eradicated within families, while discrimination towards girls must cease. Harmful traditional practices including polygamy, early marriage and female genital mutilation must be stopped.
PILAR NORES, Committee Expert acting as Rapporteur for the report of Togo under the Optional Protocol, said great efforts had been made over three meetings to have an honest discussion about the problems of implementation of the Convention and Optional Protocol in Togo. Ms. Nores said legislation on trafficking and the sale of children needed to be improved, while the State required greater competency to judge crimes committed outside its territory. The study on street children was important, and the State party should focus on the dissemination of the Optional Protocol as a preventative measure. Ms. Nores wished Togo success in ensuring that all children in Togo were protected.

YACOUBOU KOUMADJO HAMADOU, Minister of Arts and Culture of Togo, thanked the Chairperson, Rapporteurs and Committee members for the rich discussion, and asked them to rest assured that the Togolese Government would carefully heed all recommendations and comments, which would be passed on to the relevant people and carefully followed up.

JEAN ZERMATTEN, Committee Chairperson, reiterated the words of thanks of the Rapporteurs and said he hoped the Committee’s words would help the children of Togo, who were the main concern of both parties.

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